Terms of Sale

Terms and Conditions of Sale (“Terms”)

You can place orders for the purchase of the FreeStyle Libre products online through www.freestylelibre.com.au or through such other channels as Abbott may provide in the future ("Purchase Channels"). The Terms contained in this document apply to the purchase of FreeStyle Libre products ordered through all Purchase Channels and shall not be applicable for any purchase of FreeStyle Libre products from a third party. By using any of the Purchase Channels to purchase products you are indicating your acceptance to be bound by these Terms. These Terms form a legal contract for the purchase of the products and can only be amended with our consent. Any purchases that you make are subject to these Terms.

The Purchase Channels are for the sale of Abbott products to customers who are resident in Australia and who are aged 18 or over. If you are not resident in Australia, please visit www.freestylelibre.com where you will be directed to the Abbott website in your country (if any) or advise the Abbott Customer Service Representative of this and you will be re-directed to an appropriate Customer Service Representative.

The FreeStyle Libre Flash Glucose Monitoring System Sensor is only intended to be used by patients (aged 4 years and older) with insulin dependent diabetes mellitus. The indication for children (age 4 - 17) is limited to those who are supervised by a caregiver who is at least 18 years of age.

Please check with your Health Care Professional whether this product is suitable for you. Always read the label. Use only as directed.

You are advised to print a copy of the Terms for reference.

Effective Date of the Terms: 28 August 2017Last Updated: 28 August 2017

Other Applicable Terms

The following documents also apply to your purchase of Abbott products through the Purchase Channels. Please read the Privacy Policy, Cookie Policy and Terms of Use available at www.myfreestyle.com.au, as they contain important information which applies to all purchases made through the Purchase Channels.

Privacy Policy . This sets out how Abbott processes the personal data that is collected from you through the Purchase Channels or which you provide to us.

In order to purchase sensors/reader(s) through the Purchasing Channels an account must be created. Creation of an account will include verification of your identity and the information that you provide must be accurate and complete.

Access to any of the Purchase Channels may be withdrawn at any time.

You are responsible for maintaining the confidentiality of passwords to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or using your password.

You should take necessary steps to ensure that your password and account details are kept confidential and secure and you should inform Abbott immediately if you have any reason to believe that your password has become known to anyone else or if the password is being, or is likely to be, used in an unauthorised manner.

Creating a Contract

If you are placing an order through www.freestylelibre.com.au, the technical steps required to create a contract between you and Abbott are as follows:

You place an order for your products on www.freestylelibre.com.au by pressing the “Confirm & Process Order” button at the end of the purchase process. You will be guided through the process of placing an order by the instructions on www.freestylelibre.com.au.

Please take the time to read and check the details entered at each stage of the order process.

After you place an order through the Purchase Channels, you will receive an email from Abbott acknowledging that your order has been received. Abbott’s acceptance of your order will take place when you receive an email that confirms that the products have been packed and are ready for dispatch. It is important that you enter a valid e-mail address, as invoices are automatically e-mailed to that address. Please ensure your e-mail address is accurate. Also check your spam or junk folder for undelivered invoices.

The Contract between you and Abbott will only be formed when you receive the confirmation of pack and ready for dispatch of the products from Abbott.

Amending These Terms

Without prejudice to your rights under applicable law, Abbott reserves the right to amend these Terms at any time and for any reason. These terms and conditions supersede any other pre-printed terms and conditions appearing elsewhere.

If Abbott amends the Terms, the most recent version of the Terms will be posted online and will then apply to the purchase of products through the Purchase Channels.

When these Terms are amended, we will state that these Terms have been amended and show the relevant date at the top of this page.

Images of the FreeStyle Libre reader and sensor are for illustrative purposes only. The reader and sensors that you receive may vary from those images.

Software Requirements.

In order to download your readings from the reader, your computer must meet the following minimum requirements. A Mac running OS X Mavericks with a dual-core 1.6 GHz (Intel Core i5 or later) processor and 2GB RAM ; or a PC running Windows XP SP3 with a dual-core 2.53GHz processor and 2GB RAM].

Information Available on this Website

The information and content provided through the Purchase Channels does not constitute medical advice. You should consult your healthcare professionals for advice before you make any decisions relating to your treatment or care. To the maximum extent permitted by applicable law, Abbott disclaims all liability for any loss or damage which may be suffered by any person, whether suffered directly, indirectly, immediately or consequentially, and whether arising in contract, tort (including negligence) or otherwise which arises out of, or in connection with use of the Abbott Website or any treatment or care decisions which you make, except in the case of death or personal injury resulting from Abbott’s negligence.

Orders

All orders are subject to acceptance by Abbott. Abbott will provide you with an order acceptance or rejection notice as soon as reasonably possible.

You will specify a delivery address within Australia.

Order Cancellation

Abbott has the right to cancel any accepted order prior to delivery in the event of any pricing error or any material error outside of Abbot’s control in connection with your order or other conditions published on the website www.freestylelibre.com.au relevant for your order, or if any further verification of your credit conditions or records so warrants. If you have already made payment and your order is cancelled, Abbott will issue a refund or credit to your account.

Product Availability

The purchase of sensors/reader(s) through the Purchase Channels is subject to availability. Abbott will inform you as soon as possible if the product you have ordered is not available and Abbott will not process your order. If you have already paid for sensors/reader(s), you will be refunded in full. Abbott reserves the right to impose ordering restrictions on the number of products that can be ordered and the interval at which these products can be ordered.

Delivery

Your sensors/reader(s) will be delivered to you as soon as possible and in any event within 30 calendar days of Abbott accepting your order.

The sensors/reader(s) will be delivered to you by a courier engaged by Abbott.

You are responsible for the product when it is delivered to you.

If you are not available when your order is delivered, your order will be returned to Abbott and you will receive a notification that your order could not be delivered. The courier will then either contact you to re-arrange delivery at a more suitable time, or advise if there is an Australian post office pick up option.

Abbott will deliver directly to the address specified in your order. It is your responsibility to ensure address details are correct; Abbott does not assume responsibility for undelivered orders caused by incorrectly entered addresses. Abbott is unable to deliver to the same order to multiple addresses.

When the Product is delivered to you, you shall check the contents of the package immediately as per the enclosed delivery document. Should an item or a product is not delivered or missing or damaged from outside, you are requested to contact within 7 business days from the date of dispatch or 48 hours from the date of receipt by calling the Abbott Customer Service line on 1800 801 478. If Abbott does not receive any communication from you within 14 calendar days from the date of dispatch, it will be construed that the Product was delivered correctly.

Prices

The prices of the sensors/reader(s) will be as described through the relevant Purchase Channel from time to time. Abbott will take reasonable care to ensure that the product prices are correct at the time an order is placed.

Prices for the sensors/reader(s) may change from time to time. Price changes will not affect any order which has been accepted by Abbott as set out above.

The sensors/reader(s) satisfy the GST-free requirements under item 38 of Schedule 3 in the GST Act (i.e. glucose monitor), and therefore prices for these items do not include GST.

The price of the sensors/reader(s) does not include delivery charges to you. You will be informed of the delivery charges when you make your purchase through the Purchase Channel.

Delivery charges will be added to the total amount due once you have selected a delivery service.

Incorrect Prices. If you are charged an incorrect price, then either (a) where the product’s correct price is less than the price stated through the Purchase Channel, you will be charged the lower amount prior to the product being dispatched to you; or (b) where the product’s price is higher than the price stated through the Purchase Channel, Abbott will contact you by the method that you have indicated you prefer in accordance with the Privacy Policy in order for you to confirm that you either wish to proceed with the purchase or cancel the purchase. If Abbott is unable to contact you, your order will be cancelled and you will be notified in writing.

Special Offers. From time to time, Abbott may make special offers available through the Purchase Channel. Abbott will provide the terms of any special offers at the time of purchase. Any such terms incorporate these Terms in full. In the event of any conflict between these Terms and any special offers, these Terms shall prevail.

Payment Method

Abbott accepts most major credit cards for payment. The payment options are shown at the time of payment.

Payment for your order and all applicable delivery charges is in advance. You will be charged for the sensors/reader(s) that you are purchasing when your order is dispatched to you by Abbott. The sensors/reader(s) will be owned by you when your payment has been processed in full.

You confirm that you own the credit/debit card that is being used to make your purchase.

All credit and debit card holders are subject to validation checks and authorisation by Abbott. If Abbott believes that the card used to pay for your order is being used fraudulently, this will be reported to the relevant authorities. For more information about how Abbott treats personal data, please refer to the Privacy Policy.

If your card issuer refuses to authorise payment for your order, we will be unable to dispatch the sensors/reader(s) to you and we will not be responsible for any delay or non-delivery. Abbott will not be informed of the reason for refusal and therefore, is unable to inform you of the reason that your card issuer has refused payment.

Abbott is not responsible for any card or bank charges issued by your card issuer as a result of processing payment for your order.

Your account will record that payment has been taken by Abbott Australasia Pty Limited or Abbott Diabetes Care.

Cancellation, Refunds and Returns

Subject to the exceptions set out below, you have the right to cancel the contract for the purchase of products prior to order acceptance by Abbott. You can cancel the contract prior to order acceptance by Abbott by calling the Abbott Customer Service line on 1800 801 478.

If you decide to cancel the contract as stated above, you should keep a record of the cancellation information provided to Abbott.

The FreeStyle Libre Flash Glucose Monitoring System is indicated for measuring interstitial fluid glucose levels in people (age 4 and older) with diabetes mellitus. The indication for children (age 4 - 17) is limited to those who are supervised by a caregiver who is at least 18 years of age. Using the Sensor outside of the indications, breaches the Terms which you have accepted when purchasing the Sensor. When Abbott products are used outside of their indicated use, Abbott does not provide product support and will consider the product warranty to be null and void.

Processing Refunds

If you are entitled to a refund, Abbott will process the refund as soon as possible and in any case within 14 business days after the day on which Abbott was informed that you wish to cancel the contract. The refund will be made on the credit or debit card used by you to pay.

Abbott reserves the right to refuse to issue a refund or replacement product and to recover the cost of the return delivery from you in the event that the product is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear.

Faulty Sensors/Reader(s)

In the unlikely event that either a sensor or the reader develops a fault prior to expiry (or within a period of two years for the reader, or three years if you have taken out an extended warranty as described below) from the date of delivery (other than due to normal wear and tear, failure to follow instructions, used outside of indication or misuse) or is damaged while it is being delivered, Abbott will replace the sensor or reader.

Please contact the Abbott Customer Service line on 1800 801 478, who will be able to advise you on how to return faulty sensors/reader(s) to Abbott and obtain a replacement.

If you return the reader to Abbott, please ensure that you erase any personal information that is stored on the reader completely before sending the reader back to Abbott.

Product Warranty

Australian Consumer Law Prescribed Statement
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law (“ACL”). You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Introduction
This Express Warranty is in addition to other rights or remedies that you may have under the ACL in relation to your Product. Nothing in this Warranty purports to modify or exclude the conditions, warranties, undertakings and other legal rights, under the Australian Competition and Consumer Act and other Australian laws.

Warranty

The reader is sold with a two year warranty and will be replaced by Abbott if it develops a fault during this two year period (other than due to normal wear and tear, failure to follow instructions use error or misuse, used outside of indication or unauthorised alteration). In the alternative, you may notify Abbott that you wish to receive a refund of the purchase price and delivery costs.

If you agree to provide Abbott with your contact details, you will receive an additional one year’s warranty on the reader.

This warranty is valid if the Reader is defective in material or workmanship, and it has been used only in accordance with the User‘s Manual. Abbott’s obligation is to replace the Reader free of charge with a same or alternative readers as determined by Abbott in its sole discretion. Your replacement may be a different model or type. This Warranty covers only the Reader, does not cover disposable accessories, extends only to the original purchaser, and is not assignable or transferable.

If you need to make a warranty claim to Abbott you may contact our local Customer Service line on 1800 801 478. Abbott shall bear all costs associated with delivery of replacement readers to customer and the return of defective readers to the Customer Service team.

If the FreeStyle Libre Flash Glucose Monitoring System is used for any purpose other than the indicated purpose stated in these Terms, Abbott shall not be (a) responsible for such use, and (b) obligated to provide any refund or replacement. Please note that the device FreeStyle Libre Flash Glucose Monitoring System is only intended to be used by patients (aged 4 years and older) with insulin dependent diabetes mellitus. The indication for children (age 4 - 17) is limited to those who are supervised by a caregiver who is at least 18 years of age.

Liability

Abbott does not exclude or limit in any way its liability for:

a. Death or personal injury caused by Abbott’s negligence;

b. Fraud or fraudulent misrepresentation;

c. Defective products under the Australian Consumer Laws.

d. any other matter in respect of which it would be illegal for Abbott to exclude or attempt to exclude, our liability.

To the extent permissible by law, Abbott excludes its liability for all other matters.

Abbott is not liable to you where performance of any obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.

You are responsible for the ways in which you use the sensors and readers and Abbott does not accept any liability in this regard.

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available is owned at all times by Abbott.

Communications

If you would like to contact us please call the Abbott Diabetes Care Customer Service on 1800 801 478.

Transfer of Contract

Any Contract for the purchase of products made through the Purchase Channels is between Abbott and you. No other person shall have any rights to enforce any of its Terms. If you have purchased a product as a gift, the recipient of the gift will be entitled to the benefit of the warranty set out in these Terms.

Abbott may transfer its rights and obligations under the Contract to another organisation. This will not affect your rights or our obligations under these Terms.

All other transfers of rights and obligations must be agreed with Abbott in writing prior to the transfer taking place.

Interpretation of these Terms.

Each of the paragraphs operates separately. If any court or authority finds that any of them are unlawful or unenforceable, the remaining paragraphs will continue in full force and effect. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Delay in Enforcement.

If Abbott fails to insist that you perform any of your obligations under these Terms or is delayed in in enforcing the Terms, this should not be interpreted as a waiver of the rights of Abbott under these Terms. You are still required to comply with these Terms irrespective of Abbott’s enforcement or otherwise. A default by you will only be waived if it is in writing, signed by Abbott.

Governing Law

These Terms and the Contract are governed by the laws of Victoria, including any disputes or claims arising out of or in connection with them and the courts of Victoria will have jurisdiction over any such dispute or claim.

Filing

Abbott will not file a copy of this Contract.

FreeStyle and related brand marks are trademarks of Abbott Diabetes Care Inc. in various jurisdictions. Other trademarks are the property of their respective owners. No use of any Abbott trademark, trade name, or trade dress in this site may be made without the prior written authorization of Abbott Laboratories, except to identify the product or services of the company. This website and the information contained herein is intended for outside of the US only. For any product related information and further details on Abbott Products in Australia please visit www.myfreestyle.com.au. The FreeStyle Libre Flash Glucose Monitoring System Sensor is only intended to be used by patients (aged 4 years and older) with insulin dependent diabetes mellitus. Always read the label and use as directed. Abbott Diabetes Care, 666 Doncaster Road, Doncaster VIC 3108 Australia. ABN 95 000 180 389. ADC-03873 v14.0

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FreeStyle, FreeStyle Libre and related brand marks are trademarks of the Abbott Group of Companies (together “Abbott”) in various jurisdictions. Other trademarks are the property of their respective owners. No use of any Abbott trademark, trade name, or trade dress in this site may be made without the prior written authorization of Abbott, except to identify the product or services of the company.